ERIC ED435782: The Changing Nature of Youth Violence. Hearing before the Subcommittee on Youth Violence of the Committee on the Judiciary. United States Senate, One Hundred Fourth Congress, Second Session on Examining the Current State of Youth Violence,

89 Pages·1997·1.3 MB·English

by  ERIC

DOCUMENT RESUME
ED 435 782
UD 033 188
TITLE
The Changing Nature of Youth Violence. Hearing before the
Subcommittee on Youth Violence of the Committee on the
Judiciary. United States Senate, One Hundred Fourth
Congress, Second Session on Examining the Current State of
Youth Violence, Focusing on Its Changing Nature and Juvenile
Intervention Programs Designed To Prevent Increased Violence
(February 28, 1996).
INSTITUTION
Congress of the U.S., Washington, DC. Senate Committee on
the Judiciary.
REPORT NO
Senate-Hrg-104-771
ISBN
ISBN-0-16-054163-8
PUB DATE
1997-00-00
NOTE
88p.; Serial No. J-104-66.
AVAILABLE FROM
U.S. Government Printing Office, Superintendent of
Documents, Congressional Sales Office, Washington, DC 20402.
PUB TYPE
Legal/Legislative/Regulatory Materials (090)
EDRS PRICE
MF01/PC04 Plus Postage.
DESCRIPTORS
*Adolescents; Black Students; *Crime; *Delinquency;
Elementary Secondary Education; Federal Government;
Government Role; Hearings; *Juvenile Justice; Legislators;
Outreach Programs; Religion; *Violence
IDENTIFIERS
Congress 104th; Juvenile Justice Delinquency Prevention Act
1974
ABSTRACT
This hearing examined the current state of youth violence,
focusing on its changing nature and juvenile intervention programs designed
to prevent increased violence. Opening statements by Senators Fred Thompson,
Herbert Kohl, and Joseph R. Biden addressed the seriousness of the problem.
Two panels contributed prepared statements. The first panel included James
Alan Fox, Dean, College of Criminal Justice, Northeastern University, Boston,
MA; Alfred Blumstein, Professor, the Heinz School, Carnegie Mellon
University, Pittsburgh, PA; John J. Dilulio, Jr., Director, Center for Public
Management, Brookings Institution, Washington, DC; and Eugene F. Rivers, III,
Fellow, Center for the Study of Values and Public Life, Harvard Divinity
School, and Pastor, Azusa Christian Community, Dorchester, MA. The second
panel included the Honorable Carol Kelly, Circuit Court Judge, Oak Park, IL;
the Honorable C. Van Deacon, Jr., General Services and Juvenile Circuit Court
Judge, Bradley County, TN; Thomas P. Gordon, former Chief of Police, New
Castle,County, DE; and Steven Hare, Faith City Baptist Church, Newark, DE.
(SM)
Reproductions supplied by EDRS are the best that can be made
from the original document.
S. HRG. 104-771
C AN ING NATU E 1 F
UT
VIOLENCE
HEARING
BEFORE THE
SUBCOMMITTEE ON YOUTH VIOLENCE
OF THE
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE
ONE HUNDRED FOURTH CONGRESS
SECOND SESSION
ON
EXAMINING THE CURRENT STATE OF YOUTH VIOLENCE, FOCUSING ON
ITS CHANGING NATURE AND JUVENILE INTERVENTION PROGRAMS
DESIGNED TO PREVENT INCREASED VIOLENCE
FEBRUARY 28, 1996
Serial No. J-104-66
Printed for the use of the Committee on the Judiciary
U.S. DEPARTMENT OF EDUCATION
Office of Educational Research and Improvement
EDUCATIONAL RESOURCES INFORMATION
CENTER (ERIC)
This document has been reproduced as
received from the person or organization
0
originating it.
Minor changes have been made to
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Points of view or opinions stated in this
document do not necessarily represent
official OERI position or policy.
U.S. GOVERNMENT PRINTING OFFICE
37-942
WASHINGTON : 1997
For sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Office, Washington, DC 20402
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BEST COPY AVAILABLE
2
COMMITTEE ON THE JUDICIARY
ORRIN G. HATCH, Utah, Chairman
JOSEPH R. BIDEN, JR. , Delaware
STROM THURMOND, South Carolina
EDWARD M. KENNEDY, Massachusetts
ALAN K. SIMPSON, Wyoming
PATRICK LEAHY, Vermont
CHARLES E. GRASSLEY, Iowa
HOWELL HEFLIN, Alabama
ARLEN SPECTER, Pennsylvania
PAUL SIMON, Illinois
HANK BROWN, Colorado
HERBERT KOHL, Wisconsin
FRED THOMPSON, Tennessee
DIANNE FEINSTEIN, California
JON KYL, Arizona
RUSSELL D. FEINGOLD, Wisconsin
MIKE DEWINE, Ohio
SPENCER ABRAHAM, Michigan
MARK R. DISLER, Chief Counsel
MANUS COONEY, Staff Director and Senior Counsel
CYNTHIA C. HOGAN, Minority Chief Counsel
KAREN A. ROBB, Minority Staff Director
SUBCOMMITTEE ON YOUTH VIOLENCE
FRED THOMPSON, Tennessee, Chairman
JOSEPH R. BIDEN, JR., Delaware
ORRIN G. HATCH, Utah
HERBERT KOHL, Wisconsin
ALAN K. SIMPSON, Wyoming
FRED ANSELL, Chief Counsel
(II)
CONTENTS
STATEMENTS OF COMMITTEE MEMBERS
Page
Thompson, Hon. Fred, U.S. Senator from the State of Tennessee
1
Kohl, Hon. Herbert, U.S. Senator from the State of Wisconsin
2
Biden, Hon. Joseph R., Jr., U.S. Senator from the State of Delaware
4
CHRONOLOGICAL LIST OF WITNESSES
Panel consisting of James Alan Fox, dean, College of Criminal Justice, North-
eastern University, Boston, MA; Alfred Blumstein, professor, the Heinz
School, Carnegie Mellon University, Pittsburgh, PA; John J. Dilulio, Jr.,
director, Center for Public Management, Brookings Institution, Washington,
DC; and Eugene F. Rivers III, fellow, Center for the Study of Values
and Public Life, Harvard Divinity School, and pastor, Azusa Christian
Community, Dorchester, MA
6
Panel consisting of Hon. Carol Kelly, circuit court judge, Oak Park, IL;
Hon. C. Van Deacon, Jr., general services and juvenile court judge, Bradley
County, TN; Thomas P. Gordon, former chief of police, New Castle County,
DE; and Steven Hare, Faith City Baptist Church, Newark, DE
45
ALPHABETICAL LIST AND MATERIAL SUBMITTED
Blumstein, Alfred:
Testimony
15
Prepared statement
17
Deacon, Judge C. Van:
Testimony
50
Prepared statement
53
Mull°, John J.:
Testimony
21
Prepared statement
23
Fox, James Alan:
Testimony
6
Prepared statement
9
Gordon, Thomas P.:
Testimony
59
Prepared statement
64
Hare, Steven:
Testimony
66
Prepared statement
68
Kelly, Judge Carol:
Testimony
45
Prepared statement
48
Rivers, Eugene F., III:
Testimony
25
Prepared statement
27
THE CHANGING NATURE OF YOUTH
VIOLENCE
WEDNESDAY, FEBRUARY 28, 1996
U.S. SENATE,
SUBCOMMITTEE ON YOUTH VIOLENCE,
COMMITTEE ON THE JUDICIARY,
Washington, DC.
The subcommittee met, pursuant to notice, at 10:03
a.m., in room
SD-226, Dirksen Senate Office Building, Hon. Fred Thompson
(chairman of the subcommittee), presiding.
Also present: Senators Biden and Kohl.
OPENING STATEMENT OF HON. FRED THOMPSON, A U.S.
SENATOR FROM THE STATE OF TENNESSEE
Senator THOMPSON. Good morning. The Subcommittee
on Youth
Violence will come to order. We are dealing here today with
some-
thing that, if it is not the most serious problem facing
our Nation
in the next several years, it is certainly one of them. Hopefully
we
can use this forum to do several things, not the least of which is
serve as a bully pulpit to draw attention to the magnitude of the
problem that is facing us and the task that we have before
us.
Many of us here are trying extremely hard to balance the budget.
We are trying to restore people's faith in government and do quite
a few other beneficial things. But if youth violence continues to in-
crease over the next decade or two at the same rate it has in the
past, I am not sure that many of these other things are going to
make a whole lot of difference because we are going to be engulfed
in social problems that we are not going to be able to handle.
Over the past 10 years, the homicide rate among teenagers has
nearly tripled. Arrests of youths 14 to 17 have increased by almost
50 percent in just 5 years. These increases have occurred at
a time
when the population of teenagers has actually declined.
The Subcommittee on Youth Violence today begins
a series of
hearings in Washington on reauthorization of the Juvenile Justice
and Delinquency Prevention Act, which was first enacted in 1974.
The subcommittee held two field hearings in Memphis and Nash-
ville earlier this month. Those hearings explored local and State
so-
lutions to youth violence.
Memphis, for example, has taken a close look at what it has done
and what needs to be done to address the problem by commission-
ing the Memphis Crime Report. One of the coauthors of that
re-
port, Dean James Fox, is here today. The citizens of Memphis are
not waiting for the government to act, however. Many citizens are
working at the local level to prevent violence, and even the
young
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BEST COPY AVAILABLE
2
people are working themselves to solve the problem. In Nashville,
the subcommittee learned what the States are trying and the new
approaches to youth violence. Many of them are working well.
Those hearings also raised questions about the effectiveness of Fed-
eral efforts to combat youth violence.
Today, we will discuss the changing nature of youth violence.
Without doubt, the kinds of crimes that young people commit
today, the age of the offenders committing those crimes, the loca-
tion of those crimes, both urban and rural, and the sheer number
of offenses all differ dramatically from the problems that the Juve-
nile Justice and Delinquency Prevention Act was enacted in 1974
to address. The law has changed only a little since then. The basic
philosophy remains, while the problem it is designed to affect has
changed.
Our witnesses today include three leading academics on youth vi-
olence who will testify concerning the changes in crime and demo-
graphics over the years, why those changes have happened, and
where this country is headed if we do not alter our course. Then
relate the changing na-
we will hear from juvenile judges who will
ture of their caseload. Some of their testimony is truly shocking,
and we will hear from clergy and law enforcement who have seen
youth violence on the front lines, how it has changed over the
keep youth violence from
years, and what we can do, hopefully, to
spiraling further out of control.
Part of what we are dealing with here is what is the proper role
of government. It is an area that we are addressing in several dif-
ferent areas in this Congress. Specifically, what is the proper role
of the Federal Government? What can be done? Many people think
that the problem is so pervasive and so fundamental that we are
going to have to attack it at every age group, at every level of gov-
ernment, and by private resources as well. How best can the money
efforts
at the Federal level be spent? How effective have Federal
been? All of those are questions that hopefully we can address.
Senator Kohl has been a leader in this area for some time now
and I would like to call on him for any opening statement that he
might have.
STATEMENT OF HON. HERBERT KOHL, A U.S. SENATOR FROM
THE STATE OF WISCONSIN
Senator KOHL. Well, I thank you very much, Senator Thompson.
As we begin to reauthorize the Juvenile Justice and Delinquency
Prevention Act, I am glad to see you moving this process forward.
I look forward to working with you, Senator Thompson, to ensure
that the Juvenile Justice Act effectively protects communities from
violent young criminals, while helping at-risk children avoid a life
of crime.
The need for targeted efforts against juvenile crime has never
been more clear. Despite an overall slowing of violent crime in re-
while the
cent years, juvenile crime has skyrocketed. For example,
number of adult murder arrests stayed relatively flat nationwide
between 1989 and 1993, juvenile arrests for murder jumped 50 per-
cent in that same period. In my own State of Wisconsin, this in-
dramatic. Ju-
crease in violent juvenile crime has been even more
venile murder arrests went from 14 in 1988 to 118 in 1993, an
3
eightfold increase in just 5 years, before dropping to just under 100
in 1994. Demographic changes will only accelerate this frightening
trend.
So our challenge is clear, and while the solutions will not come
easily, we should commit ourselves to several fundamental prin-
ciples. First, the violent juvenile crimes that we all fear the most,
like murder, rape and armed assault, are typically committed by a
small number of hardcore offenders, less than 10 percent of all ar-
rested juveniles. We must treat these people differently than other
young people who have gone astray because society must be pro-
tected from dangerous criminals regardless of their age. Hardcore
violent juveniles should not be shuffled through a revolving door,
in one day and out the next. The Juvenile Justice Act must work
toward this goal.
Second, if we are to be both tough and smart, we need to recog-
nize that violent young people do not sprout out of the ground like
weeds. They learn violence over time, in the home, on the streets,
and in the juvenile justice system. Our challenge is to turn them
around before they cross the line and become hardcore criminals
and gang members. As Dean James Fox, one of our witnesses here
today, put it, "It is far easier and considerably less expensive to
build a child than to rebuild a teen."
Third, we must recognize the role that guns play in the dramatic
increase in juvenile violence because kids who once fought with
fists and sticks are now using guns. It happened in suburban Mil-
waukee just last year when a principal was shot and killed by
a
former student, and it also happened in Linden, TN, when a 17-
year -old went into his high school with a gun and killed a teacher
and another student.
But more disturbing than these single outbreaks of violence are
reports on the number of children who carry guns to school. The
Centers for Disease Control found that 1 in 12 students carried
a
gun to school at least 1 day each month. Yet, by using Federal law,
the Gun-Free School Zones Act, Texas implemented a very success-
ful program that reduced the incidence of violence in their schools.
Our challenge is to build on that success throughout the country
with a flexible partnership among Federal, State, and local institu-
tions. To ensure this flexibility, I will soon introduce legislation
that would loosen the act's colocation requirements, while guaran-
teeing continued sight and sound separation of juveniles from
adults.
To make sure that States have the funding they need to incarcer-
ate violent juvenile offenders, Senator Specter and I have intro-
duced the Juvenile Corrections Act which would set aside funding
for much needed juvenile detention facilities. He and I have also
worked together on legislation to ensure the constitutionality of
gun-free school zones because both State and Federal prosecutors
should have the power to use this proven law. To help steer kids
away from a life of crime, we must also make sure that crime pre-
vention remains a part of the Juvenile Justice Act.
Mr. Chairman, supporters of granting more power to the States
have a point, to be sure. Almost all juvenile prosecutions are at the
State level and at the local level, but that does not mean that we
should convert the Federal Government into a giant automated
4
teller machine that simply disburses block grants with no account-
than
ability. The citizens who elected us expect and deserve better
that, especially when dealing with our young people.
We must find a balance between Federal and State responsibil-
ity, enforcement, and prevention. As the Juvenile Justice and
De-
linquency Prevention Act moves into its third decade, I am con-
fident that we can achieve this balance, and so I look forward to
make
working together with the chairman and Senator Biden to
the promises of the Juvenile Justice Act become a reality.
Thank you, Mr. Chairman.
Senator THOMPSON. Thank you very much, Senator Kohl.
Senator Biden.
STATEMENT OF HON. JOSEPH R. BIDEN, JR., A U.S. SENATOR
FROM THE STATE OF DELAWARE
Senator BIDEN. Mr. Chairman, thank you very much for conven-
Senator
ing this hearing, and I want to publicly thank you and
Kohl. Senator Kohl has been deeply involved in juvenile justice is-
first week I met him after he got here
sues. As a matter of fact, the
CommitteeI
in the Senate and wanted to be on the Judiciary
the Judi-
don't know whether he wanted to be, but he ended up on
ciary Committee. I think he wanted to be.
he
The first thing, he came to me and asked me about whether
the
could work in this field and whether or notthat was back in
he could
bad old days when I was chairmanand whether or not
side.
be involved, and he has taken the lead in this area on our
about
Mr. Chairman, not that you need me to say anything nice
have had a keen interest
you, but the truth of the matter is you
about time
from the day you got here in this area, and I think it is
attention on what I think is the next
we start to focus the Nation's
down nationally, but crime is up
wave of a problem. Crime is
down nationally; it is up among juve-
among juveniles. Drug use is
niles.
the
We have 39 million children under the age of 10 years old in
and I
United States of America. I don't have the exact statistics,
the
will ask unanimous consent that my entire statement be put in
mil-
record in a moment, but roughly 25 to 30 percent of those 39
will
lion children are going to be raised in households where a man
where there will never be a male figure.
never darken the doorway,
and
That is not to suggest that single women can't raise children
can't raise them well. It is to suggest that it is harder. It is to sug-
that we have got a
gest that it is more difficult. It is to suggest
like me
baby boomerang that is about to hit, like the baby-boomers
who are now turningactually, I am just outside the
baby-
boomers. I am 53, so I didn't quite qualify, but the baby-boomers
who are now reaching senior statuswell, we have got a new
that we
boomlet coming along and it doesn't bode well, in my view,
do not have the answers, the strate-
are not spending the time, we
gies, in place now locally, federally, or civilly or in the civil commu-
nity, unrelated to government, to deal with this.
extremely
So I truly thank you, Mr. Chairman, for taking on an
three,
serious issue. I think we are going to have a year or two or
than that. We
maybe, of debate, but we don't have much more time
deal with
don't have much more time than that in order to begin to
8
5
strategies that, in fact, are going to positively impact upon keeping
these kids out of the crime and drug stream.
So, Mr. Chairman, I thank you again for holding this hearing,
and I would ask unanimous consent that the brilliant statement
that my staff wrote that, if I had read it, would have been better
than what I said, be entered in the record at this point. I look for-
ward to hearing from our witnesses and the second panel as well.
Senator THOMPSON. Thank you, Senator Biden. Without objec-
tion, it will be made a part of the record.
[The prepared statement of Senator Biden follows:]
PREPARED STATEMENT OF SENATOR JOSEPH R. BIDEN, JR.
In recent years we have seen some important and heartening decreases in overall
violent crime rates. In fact, over the past decade the violent crime ratebest re-
flected in the homicide ratefor adults over the age of 25 has actually decreased
by 20 percent. This is certainly a positive sign.
Unfortunately, this decrease does not hold true for youth and young adults. In
fact, there are now two different and conflicting crime trends taking place in our
Nation.
While the crime rate for adults 25 and over has decreased in recent years, the
juvenile crime has grown alarminglythe homicide rate among 18- to 24-year-olds
increased 65 percentand the rate for 14- to 17-year-olds increased 165 percent.
The reality is that despite the fact that males between the ages of 14 to 24 are
a small percent of the population-7 percent in 1994these males commit nearly
half of all murders.
At the same time the rate of violent crime committed by children is rising, we
also face a rising number of children. With this combination of factors before us,
the recent declines in overall crime rates offer cold comfort.
Today, our Nation has 39 million children under the age of 10the greatest num-
ber of young children our Nation has seen since the 1960's. If even a fractioneven
a percentage exactly the same as todayof this number become violent teenagers,
we will see a huge surge of violent crime.
The projections of Professor James Foxone of our witnesses here todayare so-
bering. Professor Fox projects that even if the rate of juvenile violence stops its in-
crease and simply holds constantin 10 short years our Nation will suffer a 20-per-
cent increase in the number of juvenile murderers. Instead of roughly 4,000, there
will be approximately 5,000 juveniles who have committed murder by the year 2005.
Unfortunately, the work of another of our witnesses today indicates that the per-
centage is unlikely to remain constant. Professor Blumstein's data shows that from
1965 to 1985, American's murder rate generally corresponded to the percentage of
18- to 24-year-oldsas their percentage grew, the total murder rate increased; and
as their percentage subsided, the national murder rate declined.
But, after 1985, that changed. Despite the fact that the percentage of the national
population between the ages of 18 and 24 fell significantly, the national murder rate
shot upward. If this trend continues, both the number of peak crime age men and
the amount of violence per offender will growwith devastating results.
The numbers are staggering-39 million Americans are now younger than 10
years of age. As this demographic bulge marches its way through our population in
the years ahead, these 39 million youngsters will reach their late teens and
twenties, the prime ages for involvement in drug abuse, crime, and violence.
What happens to our Nation if the 10- to 20-year-olds of 2005 are committing
crimes at the same rate as 10- to 20-year-olds today? What about in 2010? or 2015?
or 2020?
In short, our Nation stands on the edge of another explosive pathology. We must
begin to face this new reality and take steps to change the direction in which we
are headed, if we are to save our future generations.
It is imperative that we act now if we are to turn around the current trend toward
quickly on
more crime and more violence by our young people. This means focusing
the risks confronting our youth, identifying practical steps our communities can
take to reduce these risks, and committing ourselves to the hard work and resources
needed to steer young people to productive lives instead of wasted lives.
We must reform our juvenile justice system in two key areasfirst, we must
change the way we deal with violent juveniles;
Second and just as important, we must change the way we deal with the first-
time, nonviolent, even nonserious juveniles.
6
A comprehensive effort against juvenile crime must address the following key ele-
ments. First, we must help States hold violent juveniles accountable for their acts.
Reform is needed in how we treat the criminal records of violent juveniles, of how
long the States can keep these offenders in custody, of how these offenders must
be housed while in prison.
All juveniles who break the law must be subject to certain punishment. Today,
juveniles are often arrested time and again without consequences, until the juvenile
has been swept so far into the "crime stream" that there is no other recourse but
locking the juvenile away for, years.
This must change. Consequences must be certain and immediate for all offenders.
Doing so will require that we make available many more punishment optionsso
we can focus on children after they have committed their first minor offense and
not wait until they have committed their fifth, tenth, or twentieth violent crime.
We must also use the juvenile justice system as a tool for identifying those chil-
dren who are at-risk of crime in the future. This includes children who commit "sta-
tus offenders"offenses which are criminal because they are committed by minors.
We must intervene with children who are abusing alcohol, chronically truant, and
those who have been deemed "ungovernable" because their parents can no longer
control their behavior.
We must recognize that keeping a child from starting crime throughout his or her
mid to late teens means that they are not likely to ever fall into the crime system.
We must also focus on the drugs and the guns that accompany drug trafficking
which have fueled an unprecedented surge or violence committed by children.
This hearing is a first step in renewing our efforts to save our Nation, our commu-
nities, and our children from crime. We must begin by ensuring that our children
are safesafe from both the temptation of crime and safe from those who commit
crime.
We must protect our children through meaningful prevention and intervention
programs, a crack down on drugs and the violence that accompanies them, and we
must insure that meaningful, appropriate, and swift punishment is imposed on all
juvenile offenders.
I look forward to hearing from our witnesses today, all of whom are experts on
various aspects of youth and crime and violence. I hope to learn from you how we
can best accomplish these goals.
Senator THOMPSON. We will proceed with our witnesses as they
are listed here: Dr. James Alan Fox, dean, College of Criminal Jus-
tice, Northeastern University, Boston, MA.
PANEL CONSISTING OF JAMES ALAN FOX, DEAN, COLLEGE OF
CRIMINAL JUSTICE, NORTHEASTERN UNIVERSITY, BOSTON,
MA; ALFRED BLUMSTEIN, PROFESSOR, THE HEINZ SCHOOL,
CARNEGIE MELLON UNIVERSITY, PITTSBURGH, PA; JOHN J.
DiIULIO, JR., DIRECTOR, CENTER FOR PUBLIC MANAGE-
MENT, BROOKINGS INSTITUTION, WASHINGTON, DC; AND
EUGENE F. RIVERS III, FELLOW, CENTER FOR THE STUDY OF
VALUES AND PUBLIC LIFE, HARVARD DIVINITY SCHOOL,
AND PASTOR, AZUSA CHRISTIAN COMMUNITY, DOR-
CHESTER, MA
STATEMENT OF JAMES ALAN FOX
Mr. Fox. Thank you, Senator. Regards from Ira Lipman, one of
your constituents.
Senator THOMPSON. Oh, yes.
Mr. Fox. Senator Biden, we will make you an honorary baby-
boomer.
Senator BIDEN. Well, thank you. I was born in November of
1942; I missed by about 2 months.
Mr. Fox. Senators, I suspect that for years to come, 1995 may
be known as the year of the great crime drop. News journalists
from around the country and across the globe have been writing
about the reasons why the United States now seems like a much
10